NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2022A
SPONSOR: Clark TITLE OF BILL:
An act to amend the executive law, in relation to requiring reporting to
the federal bureau of investigation's national use-of-force data
collection program
PURPOSE:
The purpose of this legislation is to require state and local law
enforcement departments to report use-of-force incidents to the national
use-of-force database administered by the Federal Bureau of Investi-
gation.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 3 to Section 837-T of the Executive Law
that requires the Division of Criminal Justice Services to repert to the
Federal Bureau of Investigation's national use-of-force database any
instance in which a police officer or peace officer:
(1) brandishes, uses or discharges a firearm or non-lethal projection
weapon, including, but not limited to, the use of rubber bullets, at or
in the direction of another person;
(2) uses a chokehold or similar restraint that applies pressure to the
throat or windpipe of a person in a manner that may hinder breathing or
reduce intake of air;
(3) displays, uses or deploys a chemical agent, including, but not
limited to, oleoresin capsicum, pepper spray or tear gas;
(4) brandishes, uses or deploys an impact weapon, including, but not
limited to, a baton or billy;
(5) brandishes, uses or deploys an electronic control weapon, including,
but not limited to, an electronic stun gun, flash bomb or long range
acoustic device; or
(6) engages in conduct which results in the death or serious bodily
injury of another person. Serious bodily injury is defined as bodily
injury that involves a substantial risk of death, unconsciousness;
protracted and obvious disfigurement, or protracted loss or impairment
of the function of a bodily member, organ or mental faculty. Every
report shall include, but not be limited to, detailed circumstances of
every incident, the age, race, sex, sexual orientation, gender, gender
identity or expression, and ethnicity of all persons engaging in the use
of force or suffering such injury. Any police department, sheriff's
office, or division of state police that fails to make such reporting
shall have 10% of their state funding withheld until such reporting is
submitted to the national use-of-force database.
Section 2 is the effective date.
JUSTIFICATION:
In 2015, then-FBI Director James Comey relayed frustration that it was
easier to get the latest box office data on popular movies than getting
data on law enforcement use-of-force incidents.' He even went so far as
to say it was an, "embarrassment and ridiculous." Six years later, data
on use-of-force incidents still remains largely unavailable. Even after
a presidential order and congressional demands instructing law enforce-
ment departments to report use-of-force incidents to the FBI, only 27%
of police departments nationwide have reported such incidents to the
national use-of-force database.2 As the nation reflects on the many
deaths of black, indigenous, and people of color by the hands of law
enforcement officers, accountability and reform demands transparency.
This bill provides the mechanism for creating much needed transparency
for structural change to be made in law enforcement.
LEGISLATIVE HISTORY:
2021-22: A.9918 (Clark) - Referred to Governmental Operations
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the 30th day after it shall have become a
law.
1 Aaron C. Davis and Wesley Lowrey, FBI director calls lack of data on
police shootings `ridiculous,"embarrassing', The Washington Post, Oct.
7, 2015, available at https://www.washingtonpost.com/nationalgbi-
director-calls- lack-of-data-o n-police-shootings-
ridiculous-embarrassing/2015/10/07/cOebaf7a-6d16-11e5-
b31c-d80d62b53e28_s tory.html ?itid=lk_interstitial_man ual_5.
2 Tom Jackman, For a second year, most U.S. police departments decline
to share information on their use of force, The Washington Post, June 9,
2021, available at https://www.washingtonpost.com/nation/2021/06/09
/police-use-of-force-dat a/.
STATE OF NEW YORK
________________________________________________________________________
2022--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to requiring reporting to
the federal bureau of investigation's national use-of-force data
collection program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 837-t of the executive law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. a. In accordance with the reporting requirements established pursu-
4 ant to subdivision one of this section, the division of criminal justice
5 services shall report to the federal bureau of investigation's national
6 use-of-force data collection program, in a form and manner as requested
7 by such bureau, any instance or occurrence in which a police officer, as
8 defined in subdivision thirty-four of section 1.20 of the criminal
9 procedure law, or a peace officer, as defined in section 2.10 of the
10 criminal procedure law, employs the use of force as follows:
11 (i) brandishes, uses or discharges a firearm or non-lethal projection
12 weapon, including, but not limited to, the use of rubber bullets, at or
13 in the direction of another person; or
14 (ii) uses a chokehold or similar restraint that applies pressure to
15 the throat or windpipe of a person in a manner that may hinder breathing
16 or reduce intake of air; or
17 (iii) displays, uses or deploys a chemical agent, including, but not
18 limited to, oleoresin capsicum, pepper spray or tear gas; or
19 (iv) brandishes, uses or deploys an impact weapon, including, but not
20 limited to, a baton or billy; or
21 (v) brandishes, uses or deploys an electronic control weapon, includ-
22 ing, but not limited to, an electronic stun gun, flash bomb or long
23 range acoustic device; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04744-03-3
A. 2022--A 2
1 (vi) engages in conduct which results in the death or serious bodily
2 injury of another person. Serious bodily injury is defined as bodily
3 injury that involves a substantial risk of death, unconsciousness,
4 protracted and obvious disfigurement, or protracted loss or impairment
5 of the function of a bodily member, organ or mental faculty.
6 b. Such report shall include, but not be limited to, detailed circum-
7 stances of every incident, the age, race, sex, sexual orientation,
8 gender, gender identity or expression, and ethnicity of all persons
9 engaging in the use of force or suffering such injury.
10 c. Any police department or sheriff's office, or the division of state
11 police that fails to make a report required pursuant to subdivision one
12 of this section shall be subject to the withholding of ten percent of
13 any state funding due to such department or office, or the division of
14 state police until such report has been submitted.
15 § 2. This act shall take effect on the thirtieth day after it shall
16 have become a law.
